Terms of Service
About This Policy
By using heyswell.com or related services from Cloud Warmer, Inc. ("Cloud Warmer"), you
are agreeing to be bound by the following terms and conditions ("Terms of Service").
Cloud Warmer reserves the right to update and change the Terms of Service from time to time
without notice. Any new features that augment or enhance the current Service, including the
release of new tools and resources, shall be subject to the Terms of Service. Continued use
of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at:
Violation of any of the terms below will result in blockage of service and termination of your
account. While Cloud Warmer prohibits such conduct and Content on the Service, you understand
and agree that Cloud Warmer cannot be responsible for the Content posted on the Service and you
nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address and any other information requested in order to complete the sign up process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Cloud Warmer cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You are solely responsible for properly canceling your account, which can only be done from your site's settings page.
- You understand that you are free to cancel your store at any time from your site's settings page.
- All of your content will be immediately deleted upon cancellation and can not be recovered once your account is canceled.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- To use this service, you must be a human. Usage by "bots" or other automated methods are not permitted.
- Technical support is only provided via our official support system.
- You understand that Cloud Warmer uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Cloud Warmer, or any other Cloud Warmer service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cloud Warmer, Inc.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cloud Warmer customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not upload or post any material that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws. Cloud Warmer reserves the right to remove any image for any reason whatsoever.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Cloud Warmer does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Cloud Warmer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cloud Warmer has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Cloud Warmer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cloud Warmer and govern your use of the Service, superseding any prior agreements between you and Cloud Warmer (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be asked via our support system.